Jagdamba Jewellers v. Union Of India And ORS.

2.8.2021 ks WPA 6560 of 2021 sl. 6 Jagdamba Jewellers Vs Union of India & Ors.

Mr. R.K. Murarka, Ld. Sr. Adv., Mr. Dibanath Dey ... For the Petitioner.

Mr. D. Trivedi, Mr. Manabendranath Bandyopadhyay ... For the Respondents.

Heard learned Advocates appearing for the parties. The grievance of the petitioner in this writ petition is against the inaction and sitting over the series of representations made from 7th May, 2018 onwards and last of such representation was made on 22nd February, 2021( Annexure P-11 to the writ petition). This lethargic attitude of the respondents is not appreciated by this court, even for disposal of a representation more than three years is not enough for the department, which is very strange.

Considering the submission of the parties this writ petition is disposed of by directing the Deputy Commissioner of Income Tax, Central Circle-XIII, Kolkata/respondent No.3, to consider and dispose of the representation of the petitioner dated 22nd February, 2021 being Annexure P-11 to the writ petition within eight weeks from the date of communication of this order in accordance with law and by passing a reasoned and speaking order after

giving an opportunity of hearing to the petitioner or its authorised representative.

It is recorded that this court has not gone into the merits of the case and the respondent No.3 shall decide the case of the petitioner on its own merits and strictly in accordance with law and in case, it is found that the petitioner is entitled to the interest as claimed for, the department will expedite the process of payment.

WPA 6560 of 2021 is disposed of.

( Md. Nizamuddin, J. )